On May 18, the administration released the latest regulatory agenda outlining their plans for their final months. The Occupational Safety and Health Administration (OSHA) listed a number of new initiatives.  An update on rulemakings affecting the construction industry is outlined below.

Employer Recordkeeping 

What to Expect: OSHA plans to issue a final rule in October 2016. 

About the Proposal: The proposed rule aims to reverse the U.S. Court of Appeals for the District of Columbia Circuit’s decision in AKM LLC d/b/a Volks Constructors v. Sec’y of Labor, commonly referred to as the “Volks” decision. The court stated OSHA must stick to a six-month statute of limitations when citing a company for failure to record an injury or illness and cannot treat such an event as a continuing violation throughout the five-year recordkeeping period. Under the proposed rule, OSHA revises the employer’s ongoing obligation to accurately report workplace injuries and illnesses for five years after an initial report should have been made.

ABC’s Actions: The ABC-led Coalition for Workplace Safety (CWS) submitted comments urging OSHA to withdraw its proposed rule clarifying an employer’s continuing obligation to make and maintain accurate records of reportable injuries.

Other Upcoming Proposals:

• Quantitative Fit Testing Protocol: Amendment to the Final Rule on Respiratory Protection - Proposed Rule, June 2016 
• Revocation of Obsolete Permissible Exposure Limits (PELs)- Request For Information, July 2016
• Standards Improvement Project IV, Proposed Rule, July 2016
• Walking Working Surfaces and Personal Fall Protection Systems (Slips, Trips, and Fall Prevention) – Final Rule, August 2016
• Chemical Management and Permissible Exposure Limits (PELs) - Analyze Comments,  September 2016
• Lock-out/Tag-out Update – Request For Information, September 2016
• Updating Requirements for the Selection, Fit Testing, and Use of Hearing Protection Devices – Advanced Notice of Proposed Rulemaking, September 2016 
• Combustible Dust, Initiate Small Business Regulatory Enforcement Fairness Act (SBREFA) Panel, October 2016
• Amendments to the Cranes and Derricks in Construction Standard – Proposed Rule, October 2016
• Noise in Construction – Request For Information, November 2016
• Preventing Backover Injuries and Fatalities -  Initiate SBREFA Panel, December 2016
• Crane Operator Qualification in Construction – Proposed Rule, December 2016

Long Term Action Items:

• Occupational Injury and Illness Recording and Reporting Requirements--Musculoskeletal Disorders (MSD) Column – To Be Determined 
• Injury and Illness Prevention Program (I2P2) – To Be Determined 
• Update to the Hazard Communication Standard  - To Be Determined